Cross-border Divorce Navigator
Divorce: Portugal → Portugal
Case complexity: medium. Both spouses live in Portugal.
Where you can divorce
In the EU jurisdiction follows the Brussels II-ter Regulation: you can file where the spouses (or one of them, after a qualifying period) habitually reside, or in the country of common nationality — couples often have several forums to choose from.
Portugal: Jurisdiction under Brussels II-ter; contested divorce goes to court on breakdown grounds.
Which law governs the divorce and the assets
Portugal: Rome III applies — the spouses can agree in writing, in advance, which law governs their divorce; that removes the uncertainty of relocations.
The property side in the EU follows Regulation 2016/1103: by default — the law of the first common habitual residence after the wedding. A couple that started married life in one country and moved to another may be surprised to divide assets under the first country’s law.
There is no marriage contract — the default regime of each country involved will apply (see the property section).
How property will be divided
Portugal: Comunhão de adquiridos: marital acquisitions are common, pre-marital assets and inheritances personal; full community or separation can be elected by contract (marriage after 60 — separation only).
Children and maintenance
Child disputes are heard by the courts of the child’s habitual residence (Brussels II-ter / Hague 1996) — not by the country more convenient for a parent.
Portugal: Maintenance is moderate; consensual divorce goes through the civil registry (Conservatória) within weeks.
How the divorce is recognised across borders
A judgment from one EU state is recognised in all the others automatically (Brussels II-ter), with no separate procedure.
Portugal: Automatic EU recognition; apostille outside.
What to watch out for
Without a marriage contract, everything acquired during the marriage is divided under the default regime — as a rule, equally.
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This is a first-pass orientation, not legal advice. The rules are simplified; verify the current details with a lawyer.
Contact information
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